Cyber Operations and the Use of Force in International Law

Marco Roscini

Provides a comprehensive understanding of the international legal rules applicable to cyber operations

Analyses whether a cyber operation is a 'use of force' and whether states can react in self-defense against it under the UN Charter

Examines whether cyber operations can ever meet the threshold of 'armed conflict' and to what extent rules of international humanitarian law apply to them

Investigates whether a computer network can ever be a legitimate military target, what the status is of civilians involved in cyber operations, and what implications cyber warfare can have for neutral states

Cyber Operations and the Use of Force in International Law

Marco Roscini

Description

The internet has changed the rules of many industries, and war is no exception. But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defense when attacked in cyber space? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing laws created for analogue technologies can be applied to new digital developments.

The book provides a comprehensive analysis of primary documents and surrounding literature to establish whether and how existing rules on the use of force in international
law apply to cyber operations. In particular, it assesses the rules of the jus ad bellum, the jus in bello, and the law of neutrality (whether based on treaty or custom), and analyses why each rule applies or does not apply in the cyber context. Those rules which can be seen to apply are then discussed in relation to each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state may exercise its right of self-defense; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; and whether those
conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.

Cyber Operations and the Use of Force in International Law

Marco Roscini

Table of Contents

1. Identifying the problem and the applicable law2. Cyber operations and the jus ad bellum3. The applicability of the jus in bello to cyber operations4. Cyber operations and the law of hostilities5. Cyber operations and the law of neutralityConclusions

Cyber Operations and the Use of Force in International Law

Marco Roscini

Author Information

DR. MARCO ROSCINI is Reader in International Law at the University of Westminster School of Law and Visiting Fellow at King's College London. He was previously a Research Fellow at the University of Verona School of Law. Dr. Roscini is the author of Le zone denuclearizzate (Nuclear weapon free zones, Turin, 2003) and of several articles on international security law issues, as well as the co-editor of Non-proliferation Law as a Special Regime (Cambridge, 2012). In the academic year 2012-2013, he was awarded a Leverhulme Research Fellowship to conduct his research on cyber operations. Dr. Roscini is a member of the International Law Association's Committee on Nuclear Weapons, Non-proliferation and Contemporary International Law, of the European Union's Non-Proliferation
Consortium, and of the editorial board of several scientific journals and book series.

Cyber Operations and the Use of Force in International Law

Marco Roscini

Reviews and Awards

"The increasing amount of cyber attacks and cyber exploitation operations by states and non-state actors calls for a comprehensive review of the current legal framework and its loopholes. Marco Roscini's admirable study of pertinent rules of international law, whether based on treaty or custom, underlines the applicability of existing law to new technological developments. His convincing examination of relevant rules of the jus ad bellum, the jus in bello and the law of neutrality will facilitate implementation of the law in a particularly complex environment and may also help to inform peacetime cooperation on cyber security for which sustainable efforts and effective new regulation are urgently required." -Dieter Fleck, Former Director, International Agreements and
Policy, German Ministry of Defence, Member of the Advisory Board, Amsterdam Center of International Law

"The present volume by Dr. Marco Roscini is a systematic, up-to-date and well-informed analysis of the legal discourse that has taken place thus far. The author identifies the issues that have given rise to much discussion, marshals the evidence and provides a clear picture of where cyber operations stand in the overall scheme of the international law of armed conflict. This gives him an opportunity to delve into many controversial aspects of that law, irrespective of their kinetic/cyber application. ... The book surely sets the stage for the future encounter between law and reality." -Yoram Dinstein, Professor Emeritus of International Law, Tel Aviv University, from the Foreword

"Land, sea and air are no more the only domains where hostilities are conducted. Cyberspace has now become the fourth dimension. Marco Roscini's book on Cyber Operations and the Use of Force in International Law explores this new and challenging subject. Taking into account recent state practice, the author relies on traditional customary and treaty law to construe rules applicable to cyber operations. He examines all the main chapters of the law of armed conflict: jus ad bellum, jus in bello and the law of neutrality. A sound knowledge of the law of armed conflict allows the author to formulate a complete set of rules for cyber operations in a clear and realistic mode. Dr. Roscini's book is to be recommended to the attention of scholars, legal advisors and to all
concerned with planning defence operations." -Natalino Ronzitti, Professor Emeritus of International Law, LUISS University, Rome

Cyber Operations and the Use of Force in International Law

Marco Roscini

From Our Blog

By Marco Roscini
Alarming headlines have recently started to appear in the media (see, for example, the CNNÃ¢â¬â¢s "Cyberwar hits Ukraine"). This, however, is sensationalism. What has actually happened so far is limited disruption of mobile communications through Distributed Denial of Service (DDoS) attacks.